Absent actual or threatened violence, false imprisonment is a usually a misdemeanor under California Penal Code §237. Felony false imprisonment does not require that a person physically touch, restrain, or move another person.Misdemeanor false imprisonment occurs if the offense does not involve violence, fraud, deceit, or menace. The offense carries a jail sentence of up to one year. The plaintiff in a false imprisonment action must prove that the defendant proximately caused the injuries for which the plaintiff seeks damages. False imprisonment can occur without the use of violence or even force. Individuals can face this charge even if they do not harm anyone physically. False imprisonment is a felony that carries a sentence of 16 months, 2 years, or 3 years in a California state jail. False imprisonment is a wobbler offense. This means that a prosecutor can charge you with a misdemeanor or felony.